A newly enacted law in Massachusetts will adopt the “Disclosure, Apology, and Offer” approach to help resolve medical malpractice cases.
The healthcare cost control bill — signed into law by Gov. Deval Patrick on Aug. 6 — contains language that facilitates an approach of “Disclosure, Apology, and Offer” (DA&O).
Under this DA&O model, healthcare professionals, institutions and their insurers disclose to patients and families when unanticipated adverse outcomes occur; investigate and explain what happened; establish systems to prevent the recurrence of such incidents; and, where appropriate, apologize and offer fair financial compensation without the patient having to resort to legal action. (Statements of apology would be inadmissible in court.)
Changes include provisions for a six-month, pre-litigation “cooling-off” period to go through a DA&O process.
Patients still have the right to consult an attorney to advise them of their rights and to evaluate the fairness of any offer or to bring legal action if they so choose.
Topics Massachusetts
Was this article valuable?
Here are more articles you may enjoy.
Judge Trims Wrongful Death Suit Claims Over Spicy Chip Challenge 
Parents Charged After Child Is Hurt Crawling Into Wolf Area at Zoo 
Gallagher Clarifies Non-Ownership of Florida Firm Guilty of Bogus ACA Sign-ups 
Data Centers Offer a Potential $10 Billion Windfall for Insurers From This Issue
